The contemporary corporate setting has numerous grey areas in terms of legal aspects. The hiring process and dismissal of employees are just some of the many areas where people will face problems that need the attention of an expert lawyer. It is in situations like these that employment litigation attorneys come in handy, as they can sort out legal matters in the workplace. Getting information on what these lawyers can do for one can be quite helpful.
Wrongful Termination Claims
Wrongful termination cases are among the most frequent cases that employees consult employment litigation lawyers for. When employees feel that they have been fired illegally due to any number of reasons such as retaliation, whistleblowing, or discrimination, they will usually need a lawyer to seek justice. Although most employment in America is at-will employment, where both parties can terminate the employment relationship at any given moment, there are always notable exceptions to the rule. When an employee is fired illegally due to a contract violation or a breach of public policy, it is considered wrongful termination.
Workplace Discrimination and Harassment
Racial discrimination, sexual discrimination, age discrimination, discrimination against persons with disabilities, religious discrimination, or national-origin discrimination continues to be a major problem in many sectors of the economy. Such other forms as sexual harassment and a hostile work environment also fall within this category. These are very sensitive matters that may require proper evidence and a thorough knowledge of the state and federal laws as well as Title VII of the Civil Rights Act. Employment litigation lawyers help in this process.
Wage and Hour Disputes
One common reason for disputes is unpaid overtime, employee misclassification as independent contractors, and lack of minimum wage payments. The Fair Labor Standards Act (FLSA) requires employers to abide by certain rules regarding how their employees should be compensated. There could be severe consequences for any employer that violates the rules stipulated by the FLSA. Employment lawyers provide legal advice to workers regarding payment of wages and help employers stay within the law.
Retaliation Claims
Retaliation involves an employer taking adverse action against an employee in response to the employee’s participation in some legally protected activity, such as the filing of a harassment report or a workers' compensation claim or even being involved in an investigation. Examples of retaliation include demotion, reduction in work hours, disciplinary action, and termination of employment. Due to the nature of retaliation cases, having strong representation is crucial.
Breach of Employment Contracts
However, not all workplace disputes are related to discrimination and harassment. Often, there is just a simple case of contract violation, which means that an employer does not fulfill his/her obligations in relation to pay, benefits, non-compete agreements, and severance terms. Employment lawyers examine contracts and seek damages to their clients.
Family and Medical Leave Violations
Employees eligible under FMLA have the privilege of taking unpaid leave of absence for reasons related to their health and families. Violation of the FMLA by denying qualified leaves or punishing employees for taking the leaves is another common problem requiring legal help to solve.
Frequently Asked Questions
When should I contact an employment litigation attorney?
In case your employment rights have been violated by any means, such as wrongful termination, discrimination, non-payment of salary, and retaliation, then it is advised that you seek the advice of a lawyer, as many claims have time restrictions when it comes to filing a claim.
Can employers also hire employment litigation attorneys?
Yes. Businesses usually collaborate with these lawyers to make sure that the policies they are using are legal.
Do most employment disputes go to trial?
No, most cases do not end up in court.
How can employers reduce the risk of employment litigation?
Clear workplace policies, employee training, documentation of employment decisions and consulting with lawyers in the event there is a problem that can go a long way to reducing the legal risks.
Final Thoughts
Disputes in the workplace can be a very stressful experience, especially for those who get into it, but they can also prove costly for both parties. Whether you are the aggrieved employee or the employer dealing with compliance, it can make a world of difference having legal representation on your side. Rosenberg Law Firm provides professional employment litigation lawyers to assist their clients.